860 R.I. Code R. 860-RICR-00-00-3.3

Current through December 3, 2024
Section 860-RICR-00-00-3.3 - Definitions
A. For the purposes of these regulations, the following terms shall have the following meanings:
1. "Affordable housing plan" means a component of a housing element of a municipal comprehensive plan, as defined in R.I. Gen. Laws § 45-22.2-4(33), that is prepared in accordance with guidelines adopted by the state planning council, to meet housing needs in a city or town and/or to meet the provisions of R.I. Gen. Laws § 45-53-4(b)(1) and (3).
2. "Applicant" means public agency, non-profit organization, any limited equity housing cooperative, or any private developer eligible who is the project owner or development partner.
3. "Associate director" means the associate director for planning in the department of administration.
4. "Chairperson" means the chairperson of the housing resources commission.
5. "Comprehensive plan" means a comprehensive plan adopted and approved by a city or town pursuant to R.I. Gen. Laws Chapters 45-22.2 and 45-22.3.
6. "Determination of probable consistency" means a determination by the associate director that an eligible affordable housing project appears to be consistent with the applicable provisions of the state plans pertaining to affordable housing development; a determination of probable consistency shall not be deemed to be conclusive, final, or binding determination of conformity with such plans or with any specific requirements adopted pursuant to such plans.
7. "Development stage" means the point at which the project has been certified as meeting the eligible affordable housing criteria and has been permitted by local and state agency to proceed with construction.
8. "Eligible affordable housing project" means low and moderate income housing (LMIH) or housing development in which at least twenty-five percent (25%) of the dwelling units are low or moderate income housing.
9. "Executive director" means the executive director of the housing resources commission.
10. "Housing project of critical concern" or, "project" means an eligible affordable housing project designated by the housing resources commission to be significant by its ability to advance affordable goals set forth in duly approved plans for affordable housing and to help alleviate affordable housing shortages in Rhode Island.
11. "Housing Resources Commission" or, "Commission" means the housing resources commission established by R.I. Gen. Laws Chapter 42-128.
12. "Low and moderate income housing" means any housing whether built or operated by an public agency or any nonprofit organization or any limited equity housing cooperative or any private developer, subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low and moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by federal, state, or municipal government subsidy program but that is no less than thirty (30) years from initial occupancy.
13. "Person" means any natural person, company, commission, corporation, partnership, or any type of business entity.
14. "Proforma" means any analysis done in order to demonstrate the feasibility and viability of the proposed project.
15. "State agency" means any office, department, board, commission, bureau, division, authority, public corporation, agency or instrumentality of the State.
16. "Statewide Planning" means the statewide planning program established by R.I. Gen. Laws § 42-11-10.

860 R.I. Code R. 860-RICR-00-00-3.3